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Chronicle AM: Carl Sagan Pot Papers Released, Supreme Court Takes Up Highway Drug Dog Detentions, More (10/8/14)

The Library of Congress unveils writings on marijuana and drug reform from astronomer Carl Sagan, pot pops up in the Oklahoma Senate race, the Supreme Court will take up the issue of how long police can detain someone on the side of the road waiting for a drug dog, the "Baby Bou Bou" SWAT raid case isn't over yet, and more. Let's get to it:

Carl Sagan
Marijuana Policy

Marijuana Policy Pops Up in Oklahoma US Senate Race. Even in Oklahoma, though that is not really a big surprise, given that Democratic contender state Sen. Constance Johnson is a leading Sooner advocate for legalization. At a debate in Stillwater with Republican contender US Rep. James Lankford, Johnson surprised no one by standing by her well-known position on pot. And Lankford surprised no one by opposing it. Click on the link to get some flavor.

Carl Sagan's Writings on Marijuana, Drug Policy in New Library of Congress Exhibit. The Library of Congress in Washington, DC, has made available to the public a huge trove of astronomer and PBS "Cosmos" host Carl Sagan's papers relating to marijuana and drug policy. Sagan was a proponent of marijuana and drug reform, and Tom Angell of Marijuana Majority has penned a nice piece about the collection and its release. Click on the title link to read it.

Medical Marijuana

Pennsylvania Restrictive Medical Marijuana Bill Gets House Committee Assignment. The bill, Senate Bill 1182, passed the Senate last month, but is being slowed down by Republicans in the House. It was assigned to the House Judiciary Committee Tuesday, but Republican members said it would have to have at least two public hearings before going to a committee vote. With only four working days left in the legislative session, that isn't going to happen this year.

Law Enforcement

Supreme Court to Rule on Roadside Detention of Motorists While Cops Await Arrival of Drug Dogs. How long can police hold a driver on the side of the road while waiting for a drug dog to arrive to do a sniff (which the Supreme Court considers not a search)? The US Supreme Court agreed yesterday to take up a case that could decide that issue. In the case, a Nebraska man was stopped for an alleged traffic infraction and ticketed by the officer 21 minutes later. But he remained detained by the officer for another six minutes, until backup arrived. The officer then used the dog to sniff the car, the dog alerted, a search ensued, and methamphetamine was found. The man pleaded guilty, but appealed, saying his detention after the ticket was written amounted to an unreasonable search and seizure under the Fourth Amendment. Oral arguments will be presented early next year. The court opinion will likely be announced by June 2015.

Family of Toddler Burned in Georgia SWAT Drug Raid Seeks Federal Charges. After a Georgia grand jury declined to indict any police officers in the botched drug raid that left toddler Bounkham "Baby Bou Bou" severely injured when a SWAT officer through a flash-bang grenade in his play pen, his family is seeking a meeting this week with federal prosecutors in hopes of getting federal charges filed. While the local grand jury failed to indict, it was highly critical of law enforcement practices in the case. "There should be no such thing as an emergency narcotics investigation," the jurors wrote in their report. Georgia US Attorney Sally Quillian Yates said in a statement that her office is looking into it. "Federal authorities have been participating in the investigation of this terrible incident, and now that a state grand jury has declined to return an indictment. We will review the matter for possible federal charges," said Yates.

International

Bolivian Presidential Candidates on Drug Policy. The PanAm Post has a nice analysis of the drug policy positions of the various candidates in the Bolivian presidential elections set for Sunday. While sitting President Evo Morales has won kudos for his coca policies, he has not undertaken any broader reform initiatives, such as drug decriminalization or legalization. Neither have any of the other candidates. The candidates are united in their "prohibitionist insanity," the article notes. Morales is expected to be reelected.

El Chapo Guzman Indicted in New York for Murders. Mexico's imprisoned Sinaloa cartel leader, Joaquin "El Chapo" Guzman, has been indicted for 12 murders in an indictment issued by a federal grand jury in Brooklyn. He and his successor, Ismael "El Mayo" Zambada, were also charged with money-laundering more than $14 billion in drug profits. But don't look for him to be heading for New York any time soon; he faces numerous charges in Mexico, as well.

Mexican Drug Gang Hit Men Linked to Mass Murder of Student Teachers in Guerrero. The attorney general for the state of Guerrero said Tuesday that some of the 44 rural teachers' college students who went missing last week after clashing with police in the city of Iguala were probably executed by drug traffickers working with crooked police. Two men who identified themselves as members of the Guerreros Unidos drug gang have supposedly confessed to killing at least 17 of them. Authorities have found a mass grave containing 27 bodies. The state attorney general said it appeared local police arrested the students, then handed them over to the hit men. The students were said to be political radicals and had been protesting against local officials. This sort of repressive political violence is nothing new in Guerrero, but the mass murder is one of the largest in recent Mexican history.

This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Help Track Candidates' Positions on "Vote For Marijuana" Web Site

StoptheDrugWar.org has teamed up with Vote For Marijuana, a new web site that's building a database of all state and federal politicians and their public statements/votes/pledges related to marijuana policy. We hope you'll join the team by submitting information from your local races on the site.

Vote For Marijuana's goal (and ours) is to enable any voter to see all the local politicians running for (and holding) office, and what each politician has said and done about ending or continuing marijuana prohibition and its parts. For that we need activists from each state to help.

Visit http://www.voteformarijuana.net/getinvolved to learn how to become a Vote For Marijuana moderator in your home state, or just check out the front end and see what the system already knows about your local politicians!

Chronicle AM: UMass Snitch Policy Review, Baby Bou Bou SWAT Grand Jury, More (9/30/2014)

Medical marijuana news from several states today, the Baby Bou Bou SWAT raid case is before a grand jury, UMass examines its student snitch policy, DA candidates in Houston are fighting over drugs, and more. Let's get to it:

Marijuana Policy

Mississippi Group Wants Legalization Initiative. A group of activists filed a petition Monday with the secretary of state's office seeking a ballot initiative to legalize marijuana. This is the first step in putting a measure before the voters. The group is called Mississippi for Cannabis. We're not sure if these are the same folks, but there is a Legalize Marijuana in Mississippi Facebook page.

Medical Marijuana

Colorado Supreme Court Hearing Patient's Wrongful Firing Lawsuit Today. The state Supreme Court is hearing arguments in the case of Brandon Coats, a quadriplegic who worked for the Dish Network until he was fired four years ago for testing positive for marijuana. Dish Network argues that even though medical marijuana is legal under state law, it is still illegal under federal law, and the firing was thus justified.

New York US Senators Ask Feds to Approve State's Request to Transport Medical Marijuana Across State Lines. US Sens. Kirsten Gillibrand (D) and Charles Schumer (D) Monday sent a letter to Attorney General Eric Holder in support of Gov. Andrew Cuomo's (D) request for the Justice Department to allow the state to import high-CBD cannabis oil from out of state. "As members of Congress whose constituents suffer from these illnesses, we feel that the federal government ought to do what it can to help these children," the senators wrote. "Therefore, we are requesting that you provide the state of New York with a waiver that would prohibit federal prosecution for the importation of cannabidol in the rare cases where medical marijuana is imported between two states with legalized medical marijuana, and the amount is small, finite and prescription-based."

Second Annual Rhode Island Medical Marijuana Festival This Weekend. The Rhode Island Patient Advocacy Coalition is hosting the festival to celebrate the eighth year of the state's medical marijuana program. Click on the link for more details.

Wisconsin Activists Target Recalcitrant Legislators With Billboards. Sick and tired of seeing bills blocked in the state legislature, medical marijuana activists are targeting two key opponents, Republican state Sens. Mary Lazich and Leah Vukmir, in a newly unveiled billboard campaign. The billboards urge readers to call the two senators and ask them why Wisconsin patients have no access to medical marijuana.

Drug Policy

Harris County, Texas, (Houston) DA Race All About Drugs. A debate over the weekend between Republican incumbent Harris County District Attorney Devon Anderson and Democratic challenger Kim Ogg was all about drugs. The candidates both suggested that they would allow some low-level marijuana possession offenders to avoid permanent criminal records, although Ogg would go further than Anderson. They also tussled over whether or not to press felony charges for trace amounts of cocaine or crack pipes, with Anderson taking the harder line. Click on the link for more flavor.

Prescription Opiates

Doctors' Group Issues Pain Reliever Guidelines, Says Not Appropriate for Many Cases. The American Academy of Neurology has released a new position paper, Opioids for Chronic Non-Cancer Pain, that says the risks of opioid pain relievers outweigh their benefits in treating chronic headaches, low back pain, and fibromyalgia. "Whereas there is evidence for significant short-term pain relief, there is no substantial evidence for maintenance of pain relief or improved function over long periods of time without incurring serious risk of overdose, dependence, or addiction," the group concludes. The position paper calls for increased screening, monitoring, and drug testing of opioid-using pain patients, but has little to say about actually treating chronic pain.

Law Enforcement

UMass to Review Whether to Allow Students to Act as Drug Snitches. In the wake of the heroin overdose death of a student who had been arrested by campus police on drug charges, but who was allowed to become an informant for police, the University of Massachusetts at Amherst said Monday it would review the program that allows police to recruit students as snitches. Questions have been raised about whether the program gets students appropriate treatment for drug problems and whether the students' parents are notified of violations, as they are with alcohol violations.

Georgia Grand Jury Hearing Evidence on "Baby Bou Bou" SWAT Raid. A Habersham County grand jury Monday began reviewing evidence in the case of "Baby Bou Bou," the toddler who was seriously injured when a SWAT team member on a drug raid threw a flash bang grenade into his play pen. The SWAT team found neither drugs nor the individual they were seeking. The grand jury will review the evidence surrounding the drug raid and determine if criminal charges should be filed against authorities who executed it.

International

Eleven Killed in Mexico Cartel Clashes in Chihuahua. Mexican prosecutors said clashes last Friday between Sinaloa and Juarez cartel members in the town of Guachochi, Chihuahua, in the Tarahumara mountain range, left 11 people dead. No Mexican security forces were involved, they said. The isolated region, home to the Tarahumara Indians, has been the scene of repeated clashes between rival drug gangs.

Canadian Drug Reformers Rally in Ottawa. Drug reformers, health lobbyists, and the Liberal Party's health critic, Hedy Fry, gathered on Parliament Hill Tuesday to advocate for more enlightened drug policies. Current policies unfairly criminalize drug users and don't effectively treat addiction, they said. Click on the link for more detail.

This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Chronicle AM: Marijuana Policy in Senate Races, CA Fair Sentencing Act, Stanton Peele on Disease Model, More (9/29/14)

Marijuana politics is popping up in some US Senate races, pot arrests are still going up in some states, the Guam medical marijuana initiative faces a legal challenge, Stanton Peele takes on the disease model of addiction and liberals who love it, Jerry Brown signs the California Fair Sentencing Act, and more. Let's get to it:

Addiction psychologist Stanton Peele rips into liberals who embrace the disease model of addiction. (YouTube.com)
Marijuana Policy

Marijuana Policy in the Kentucky US Senate Race. Pot politics is playing a role in the Kentucky Senate race. Both incumbent Republican Sen. Mitch McConnell and Democratic challenger Alison Grimes agree that industrial hemp is a good thing, but Grimes said last Thursday she wants to have a discussion on legalizing marijuana, especially for medical purposes. McConnell retorted last Friday that he opposes legalizing marijuana for any reason because the state has a heroin problem and it would send the wrong message.

Nebraska Democratic US Senate Candidate Open to Legalization. The Democratic nominee for the US Senate from Nebraska is open to marijuana legalization. "I think we should give very serious consideration to legalization of marijuana," Dave Domina said Thursday. "If I were a philosopher king, we wouldn't have it, but I'm not and we need to spend our law enforcement dollars as intelligently as we can. That's not on marijuana enforcement. "What we should do is to make safe and dispense responsibly the drugs that are the most common, the least dangerous," he said. "I'm not saying they are desirable. I don’t think cigarettes are desirable, frankly. But nonetheless, I think that’s what we need to do. We need to methodically make marijuana available to people on a rational basis. It needs to be safely distributed and it needs to be taken away from crime as a profit center." The Republican nominee, Ben Sasse, didn't take a firm stand on the issue.

Marijuana Arrests Up in 17 States. Marijuana legalization may be inevitable, but some states haven't gotten the message. According to a new report from marijuana researcher Dr. Jon Gettman, even though national marijuana arrests peaked in 2007, marijuana arrests increased in 17 states between 2008 and 2012. Those states and their rates of annual increase are: South Carolina (11.6%), Washington, DC (7.7%) South Dakota (7.7%), North Dakota (5.5%), Utah (4.5%), Illinois (4.3%), Montana (3.5%), Idaho (3.2%), Virginia (2.6%), New York (2.4%), New Jersey (2.4%), Oregon (2.1%), Tennessee (1.7%), Wisconsin (1.2%), Vermont (1%), Michigan (1%), and West Virginia (1%). The report is Marijuana in the States 2012.

Overblown Analogy Department. The Polk County, Florida, Sheriff's Office is sounding the alarm over high-THC cannabis oil, popularly known as "wax" or "dabs," but its spokesperson is relying on an old bogeyman to get her message across. "This particular drug is to marijuana the way crack is to cocaine," Donna Wood said.

Medical Marijuana

Guam Attorney Seeks to Block Medical Marijuana Initiative. Voters in Guam are set to vote on a medical marijuana initiative submitted by the territorial legislature next month, but a Guam attorney has asked the US District Court there to block the vote. Howard Trapp argues that the legislature can't legally "pass the buck" to voters, even though the island's Supreme Court said it could in an August ruling. The election commission has until October 7 to respond to the filing.

First Illinois Patients Get Their Cards. Jim Champion, an Army vet who suffers from multiple sclerosis, is apparently the first Illinois patient to get his medical marijuana card. His came last week. He is the first of more than 2,000 Illinois residents who have applied under the state's new law.

New York Governor Asks Justice Department to Allow State to Acquire Medical Marijuana from Other States. Last Friday, Gov. Andrew Cuomo (D) sent a letter to Deputy Attorney General David Cole asking the Justice Department to extend a narrow, time-limited exception to federal law to allow the importation of certain strains of medical marijuana from other states for use by children in New York with severe forms of epilepsy. The letter follows a similar letter sent last month by the Cuomo administration to Attorney General Eric Holder.

Drug Policy

Dr. Stanton Peele on the Disease Theory of Addiction. Drug war critic and iconoclastic addiction psychologist Dr. Stanton Peele has penned a provocative screed critical of the disease theory of addiction and political liberals who embrace it. The article is "Why Liberals Love the Disease Theory of Addiction, by a Liberal Who Hates It."

Sentencing

California Fair Sentencing Act Signed Into Law. California Gov. Jerry Brown Sunday signed into law the Fair Sentencing Act, which will undo racial disparities in the sentencing of cocaine offenders under laws passed during the crack cocaine hysteria of the 1980s. Brown did not issue a signing statement. The law, Senate Bill 1010, eliminates sentencing disparities between crack and powder cocaine offenses. It also eliminates related disparities in probation and asset forfeiture guidelines for those offenses.

International

Uruguay Presidential Candidate Says Pot Smoker Registry Could Be Used to Identify People Needing Drug Treatment. Former President Tabare Vazquez, who is running to return to the office, has proposed using the state's registry of marijuana users to expose them to drug treatment. He was attempting to frame the law as a rehabilitative measure, but critics say it could dissuade users from registering with the state. Vazquez's remarks also run afoul of provisions in the law that limit revealing such data "without the individual's express written consent."

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Chronicle AM: WaPo Just Says No, WV Pain Clinics Using Narcs, More (9/15/14)

The Washington Post just says no to the DC marijuana initiative, the Oregon initiative sees a lively debate, the Madison, WI, police chief says legalize it, another drug war death, West Virginia pain patients are getting screened by narcs -- and paying for the privilege! -- and more. Let's get to it:

Imprisoned Vietnamese drug users working at a "rehabilitation center" in 2011 (hrw.org)
Marijuana Policy

Washington Post Counsels "No" Vote on DC Initiative. The editorial board of The Washington Post came out Sunday against DC's Initiative 71 legalizing the possession and cultivation of small amounts of marijuana. The paper noted that it had supported DC's recent decriminalization, but worried about "the rush to legalize marijuana." The paper warned that marijuana is "a dangerous drug" and "a gateway to more dangerous drugs." It also warned of "negative consequences" of legalization in Colorado, citing contentious information from the anti-legalization group Project SAM.

Legalization Debated in Oregon. The Salem City Club was the site of an hour-long debate last Friday over the legalization initiative, Measure 91. US Rep. Earl Blumenauer (D-OR) represented the "pro" side, while Clatsop County DA Josh Marquis represented the "con" side. Click on the title link for the flavor of the debate.

York, Maine, Initiative Still Up in Air. Will residents of York get to vote on marijuana possession legalization this year or not? The city council has rejected an initiative petition, but organizers were expected to submit a notarized version of the signatures to the town clerk, which would put the measure on the ballot. That hasn't happened yet. The Coalition for a Safer Maine only has until Friday, but the town clerk is now saying signatures may have to be re-gathered. The Coalition is considering its options. Similar initiatives are already on the ballot in Lewiston and South Portland, and Portland passes its own measure last year.

New York State Senator Says She Will Introduce Legalization Bill. Sen. Liz Krueger (D-Manhattan) said Sunday she will introduce a bill to legalize marijuana. "I will push for taxation and regulation of marijuana," she said. "I continue to work with experts around the country and to evaluate laws and regulations being put into place now." She introduced a similar bill last session that went nowhere, but she said progress on medical marijuana and factional realignments in Albany made her hopeful. "I see more hope in a Democratic majority for… pieces of legislation that weren't going anywhere," she said.

Madison, Wisconsin, Police Chief Says Legalize It. Police Chief Mike Koval came out in favor of marijuana legalization last week, saying it should be taxed and regulated, with revenues used to provide treatment for hard drug users. The war on drugs in general and on marijuana in particular has been "an abject failure," he said. "We've done such an abysmal job using marijuana as a centerpiece of drug enforcement, that it's time to reorder and triage the necessities of what's more important now," he added.

Medical Marijuana

Florida Republican County Chairs Oppose Medical Marijuana Initiative. GOP county chairs voted last Friday to oppose Amendment 2, the state's medical marijuana constitutional amendment. They worried it would lead to widespread access to marijuana. "I do not want to see Florida turned into the pot capital of the world," said Volusia County GOP chair Tony Ledbetter, in a remark typical of Republican concerns.

Drug Testing

Wisconsin's Republican Governor Comes Out for Public Benefits Drug Testing. In a tough race for reelection, Gov. Scott Walker has come out with a proposal to drug test people seeking food stamps or unemployment benefits and he is looking for a fight with the federal government over it. The notion is politically popular, but legally and constitutionally problematic. Walker's opponent, Democrat Mary Burke, has derided Walker's plan as a campaign stunt.

Pain Treatment

West Virginia Pain Clinics Using Former Narcs to Screen Patients. People seeking medical assistance at the Hope pain clinics in Beckley, Fairmont, and Kanawha City now must undergo screening by former narcotics officers -- and pay for the privilege. The clinics are charging patients $150 to be fingerprinted, photographed, drug tested, background checked, and interviewed by the former narcs. The work is doing by a private company, but some state legislators said it should be doctors -- not police -- who are reviewing and monitoring patients.

Law Enforcement

House Judiciary Committee Hearing Thursday on DEA Oversight. The House Judiciary Committee Subcommittee on Crime, Terrorism, Homeland Security, and Investigations will meet Thursday for a hearing on DEA oversight. The only scheduled witness is DEA Administrator Michele Leonhart. Click on the link for more details.

19-Year-Old City Oklahoma Woman Shot By Cops Is Year's 33rd Drug War Fatality; Boyfriend Now Charged With Murder. An Oklahoma City woman was shot and killed by police as she attempted to drive away from a drug bust and hit an officer on foot earlier this month. Karen Cifuentes, 19, becomes the 33rd person to die in US domestic drug law enforcement operations so far this year. Cifuentes was apparently the girlfriend of passenger Juan Manuel Aguilera Perez, 24, who reportedly threw a bag of cocaine from the car as the pair fled. Perez is now charged with first degree murder, possession of a controlled substance with intent to deliver, and possession of drug proceeds ($400 in cash). Because Perez's was allegedly in the midst of the commission of a felony -- drug sales -- when police shot Cifuentes, under Oklahoma law he can -- and has been -- charged with murder in her death.

International

Parliamentary Citizen's Initiative for Marijuana Legalization Now Third Most Successful in Austrian History. A parliamentary citizen initiative asking for marijuana legalization has now been signed by 22,392 Austrians, making it the third most successful such petition in the country's history. "This huge success motivates us to organize a parliamentary hearing in order to reduce information deficits as most Austrian politicians still reject any legalization moves," said Bernhard Amann, chairman of Legalize!Österreich.

Hundreds of Vietnamese Drug Users Flee Compulsory "Rehabilitation Center." At least 400 inmates at a compulsory drug treatment "rehabilitation center" escaped on Sunday after breaking down the gates of the center near Hai Phong City. Drug users in Vietnam are regularly arrested and sent to compulsory treatment programs, a practice that has been denounced by human rights groups. A local official was quoted as saying that the men had escaped to pressure authorities for "better policy." They can be held for up to three years in the treatment centers, which Human Rights Watch has called "little more than forced labor camps."

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Chronicle AM: Oregon Marijuana Legalization Endorsement, PA Mandatory Minimums, Heroin Maintenance, More (8/25/14)

The Oregonian says legalize it, so do Vermont GOP gubernatorial candidates, LEAP founder says legalize heroin, a Pennsylvania court throws out mandatory minimums, Vancouver's SALOME participants will get their heroin, and more. Let's get to it:

Diacetylmorphine (pharmaceutical heroin) will soon be on its way to Vancouver. (wikimedia.org)
Marijuana Policy

Oregon's Largest Newspaper Endorses Measure 91. In a Sunday editorial, the Oregonian has endorsed marijuana legalization in general and New Approach Oregon's initiative, Measure 91, in particular. Click on the title link to read the newspaper's reasoning.

Vermont GOP Governor Candidates Agree Marijuana Should Be Legal. In interviews with Vermont Public Radio, all three Republican gubernatorial candidates said they agreed that marijuana should be legalized. Steve Berry of Wolcott, Scott Milne of Pomfret and Emily Peyton of Putney are competing in tomorrow's primary. Peyton and Berry came out strongly for legalization, while Milne said he would sign a bill if it got to his desk. Milne is the leading contender.

Massachusetts Supreme Judicial Court Upholds Eviction of Public Housing Tenant for Marijuana Criminal Activity. With marijuana decriminalized in the state, can a public housing tenant still be evicted for possession of less than an ounce? That question remains undecided after the state's high court sidestepped it in Figgs v. Boston Housing Authority. A lower court had held that the tenant could not be evicted for simple possession, but the high court reversed, saying the facts in the case showed not just possession, but also that the tenant's roommate sold marijuana and possessed a weapon. Figgs is going to have to find a new place to live now.

Medical Marijuana

Arizona Advocates File Lawsuit over PTSD Treatment Restrictions. The Arizona Cannabis Nurses Association filed a lawsuit last Friday challenging limits imposed on patients with PTSD who seek to use medical marijuana. Health Director Will Humble has ruled that PTSD patients can only use medical marijuana if they are already getting some other form of treatment for PTSD. The lawsuit is in Maricopa County District Court.

Kansas Democratic Party Endorses Medical Marijuana. Kansas Democrats now formally support medical marijuana, they announced during their statewide Demofest convention Saturday night. "Kansas Democrats support the availability of marijuana for medical use and protection of patients from criminal arrest and prosecution." the plank says. The platform link wasn't working as of Tuesday night, but you can try it here.

Sentencing

Pennsylvania Superior Court Rules Mandatory Minimums Unconstitutional. In a decision last week, the court has thrown out the use of mandatory minimum sentences as violating the constitution. The ruling came in Pennsylvania v. Newman, where James Newman had received a mandatory minimum 5-year sentence for possession of drugs and a gun. Relying on a line of federal court decisions beginning with Apprendi v. New Jersey, the Superior Court held that, in sentences based on the elements of the crime, jurors -- not judges -- must find that those elements existed.

California Fair Sentencing Act Heads for Governor's Desk. After a final Senate concurrence vote last Thursday, the Fair Sentencing Act is now headed for the desk of Gov. Jerry Brown (D). The act, Senate Bill 1010, would eliminate the sentencing disparities between crack and powder cocaine offenses by reducing the penalty for crack offenses.

Heroin

Boston Globe Op-Ed Calls for End to Heroin Prohibition. A Sunday op-ed in the Globe published by former New Jersey narcotics officer and Law Enforcement Against Prohibition founder Jack Cole forthrightly calls for ending heroin prohibition. Police efforts to repress heroin "did more harm than good, and the harder my colleagues and I tried, the more damage we did," he writes. "As a police officer, I understand the instinct to mete out punishment, send a message, put somebody away for abusing drugs. Nonetheless, my experience has shown me that it is futile, counterproductive, and dangerous to try to arrest our way out of this very real problem." There's much more; click on the title link to read the whole thing.

International

Number of Disappeared in Mexico Keeps Rising. The number of people who have vanished since former President Felipe Calderon initiated his drug war in 2006 has increased to some 23,000, according to the Interior Ministry. More than 12,000 disappeared during the Calderon sexenio, and nearly 10,000 more have vanished during the first two years of the Enrique Pena Nieto presidency. Human rights groups say these official numbers are low.

Two-Thirds of Canadians Support Marijuana Law Reform. A new Forum Research poll finds that 66% of Canadians favor either legalizing and taxing marijuana or taking pot possession out of the criminal code (decriminalizing it). Some 35% said legalize it, while another 31% said decriminalize it. Only 16% said they were happy with the marijuana law status quo.

Canada's SALOME Study Will Get Prescription Heroin By Christmas. Vancouver heroin addicts participating in the Study to Assess Longer-term Opioid Medication Effectiveness (SALOME) will have legally prescribed heroin by Christmas, their attorney said last week. They won the right to use heroin as a maintenance drug after the BC Supreme Court in May granted them an injunction exempting them from a federal government ban on such uses. The pharmaceutical grade heroin is coming from a European manufacturer.

Australian National Council on Drugs Softens on Medical Marijuana. The Australian National Council on Drugs today released Medicinal Use of Cannabis: Background and Information Paper, which concedes that pharmaceutical marijuana products are effective for treating some forms of pain, reducing nausea, and helping people with wasting syndrome. The backgrounder comes as clamor grows, especially in Victoria, for legalizing medical marijuana.

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Chronicle AM: SWAT Teams in the News, Santa Fe Decrim Init, Barcelona Cannabis Clubs (8/18/14)

SWAT teams are in the news, the RAVE Act gets critiqued as counterproductive, there will be no medical marijuana initiative in Oklahoma, but it looks like there will be a decriminalization initiative in Santa Fe, and more. Let's get to it:

Demonstration in support of Barcelona's cannabis clubs (fac.cc)
Marijuana Policy

Santa Fe, New Mexico, Decriminalization Initiative Qualifies for Ballot. The Santa Fe city clerk has determined that an initiative to decriminalize marijuana possession in the city has qualified for the November ballot. Now the city council must either vote to change the city ordinance or send the measure to the voters. This measure will eliminate jail time for the possession of less than 1 ounce of marijuana and possession of marijuana paraphernalia for personal use and will result in no more than a simple $25 fine, as well as make marijuana possession the lowest priority for the Santa Fe Police Department.

Medical Marijuana

Oklahoma Initiative Effort Will Fall Short, Organizers Concede. There will be no medical marijuana initiative in the Sooner State this year. Saturday was the deadline for handing in signatures, and organizers concede they don't have enough valid signatures. They vow to be back at next year.

Hawaii Medical Marijuana Events Slated. The Drug Policy Forum of Hawaii and the American Civil Liberties Union of Hawaii (cofounders of the Medical Cannabis Coalition of Hawaii) have announced three free public events on medical marijuana policy next weekend. "Policy Perspectives on Medical Marijuana" will take place in Oahu and Hilo, while a talk session will be held in Kona. Click on the link for more details.

Law Enforcement

Georgia County Won't Pay Medical Bills for Toddler Injured in SWAT Raid. Habersham County, Georgia, says it will not pay the hospital bills for Bounkham "Baby Boo Boo" Phonesavah, the 19-month-old toddler severely burned when a SWAT team executing a drug arrest warrant threw a flash-bang grenade into his home during a May drug raid. The person the police were looking for wasn't there. Look for a civil lawsuit.

Tampa Police Review Finds No Problem With SWAT Team Killing of Man in Minor Marijuana Raid. SWAT team members acted appropriately when they shot and killed 29-year-old Jason Westcott during a May drug raid, a Tampa Police internal review has found. Police entered the residence where Westcott and a roommate were sleeping, then encountered him with a handgun in the bathroom, where they shot and killed him. Police seized less than $2 worth of marijuana at the scene. There are problems with the investigation that led to the raid, too; click on the May drug raid link to read more.

New York Governor Candidate Randy Credico Arrested, Jailed for Making Video of Cops Arresting Black Man in Subway. Randy Credico, challenger to incumbent Gov. Andrew Cuomo in next month's Democratic primary, was arrested and jailed for videotaping undercover transit police aggressively arresting a black man Friday afternoon. He is charged with menacing a police officer, obstructing government administration and resisting arrest and disorderly conduct. Credico has been arrested more than 20 times, mostly for civil disobedience actions or videotaping police activities.

Justice Department Ups the Ante on FedEx with New Money Laundering Charges. Federal prosecutors in San Francisco unveiled a new indictment against FedEx last Thursday that adds money laundering to a list of charges alleging that the delivery company knowingly shipped illegal prescription drugs from two online pharmacies. The company was already facing 15 conspiracy and drug charges and is looking at a fine of up to $1.6 billion if found guilty. UPS paid the feds $40 million last year to settle similar charges.

RAVE Act Has Done More Harm Than Good, Study Finds. The 2003 RAVE Act (Reducing Americans' Vulnerability to Ecstasy Act) has not reduced the drug's popularity, but has instead endangered users by hampering efforts to protect them. The law held club owners and produces criminally responsible for drug use at their events, and that made them disinclined to provide harm reduction services -- providing free bottled water of allowing groups like DanceSafe to do informational flyering or drug testing -- because that could be used as signs they were aware of drug use. "There were a lot of groups like that, and there was a lot of educational information about drugs being made available," study author University of Delaware sociologist Tammy Anderson said. "Today, clubs and promoters are reluctant to take those precautions because it could be used as evidence against them. The RAVE Act is a relic of the War on Drugs," she said. "It never worked in the past, and it's not working now." Her research was presented Sunday at the American Sociological Association annual meeting in San Francisco.

International

Vietnam Sentences Six to Death for Heroin Trafficking. A court in northern Vietnam sentenced six people to death last Thursday for trafficking Laotian heroin destined for China. The six were convicted of trafficking 240 pounds of the drug. Under Vietnamese law, the death penalty can be imposed for offenses involving as little as 3.5 ounces of heroin.

Barcelona to Shut Down Dozens of Cannabis Clubs. The city of Barcelona moved quietly last week to shut down about a third of the city's 145 cannabis clubs, citing "deficiencies" in management at nearly 50 of them. Those "deficiencies" included the illegal sale of marijuana, trying to attract non-members to their premises, and creating problems for the neighborhoods where they operate. Under Spanish law, the clubs can operate as members-only establishments where participants share their collective crops. The Spanish Federation of Cannabis Associations has asked for better regulations to avoid illegal practices.

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Comedian Randy Credico's Deadly Serious Quest to Run New York [FEATURE]

New York Gov. Andrew Cuomo is widely expected to cruise to an easy victory in the Democratic primary on September 9, despite festering influence-peddling scandals, despite his embrace of corporate benefactors, and despite his lackluster support for the ever-popular medical marijuana. He faces only one traditional challenger, Fordham University law professor Zephyr Teachout.

Credico campaign ad in The Nation magazine
But he also faces the insurgent candidacy of comedian, satirist, political gadfly, and perennial candidate Randy Credico, who bills himself as "the most progressive candidate since FDR" and who is running on an anti-corporate and pro-drug reform platform. That's nothing new for Credico, who has long been active in the Rockefeller drug law repeal movement, the prison reform movement, and other progressive social movements.

"Cuomo's father built 37 prisons, Teachout's father [a judge] sends people to prison, my father went to prison -- I know what it does to families," Credico said, beginning to sketch out not only the policy differences but the life experiences that sets him apart from the other contenders.

Credico's father did 10 years in Ohio for a nonviolent offense, the candidate explained.

Credico lays out his platform on the home page of his campaign web site, and it is the stuff of a populist backlash to both overweening corporate control and the state's alive-and-kicking prison/law enforcement industrial complex.

Keeping to the FDR comparison, he calls for "A New Deal for New York" to "Tax Wall Street, Not Main Street," bring "Benefits for the average person," "Clean up City Hall and policing," and "Build infrastructure to create jobs." The platform calls for taxes on the sales of stocks, bonds, and derivatives, income-based real estate taxes, and a more progressive income tax, as well as raising the minimum wage to $15 an hour, lowering subway fares and other transit tolls, and providing Medicare for all.

But his drug policy platform is also something to behold, and goes well beyond the baby steps taken by even the most progressive mainstream politicians. His criminal justice planks include:

  • legalize marijuana;
  • close Attica prison;
  • ban racial profiling and end stop and frisk;
  • end the Rockefeller drug laws; and
  • direct election of all criminal judges.

The Candidate (credico2014.com)
"I'm for decriminalizing all drugs and legalizing marijuana," Credico told the Chronicle Monday. "I'm not sure if the state is ready for legalizing cocaine and heroin, but I can't believe methadone is better than heroin. We ought to be transforming Rikers Island from a penal colony to a center for job training, education, and treatment. When Attica exploded, there were only 10,000 people in the state prison system; now there are 10,000 on Rikers alone."

[Editor's Note: The 1971 Attica state prison riot left 43 people dead, including 10 guards, and was a spark for the prisoners' rights movement of the 1970s.]

Although the draconian Rockefeller drug laws have been reformed in recent years and the prison population has declined somewhat -- from an all-time high of 95,000 at the end of 2006 to just over 81,000 at the end of June -- there are still more than 10,000 people serving prison time for drug offenses, or, as Credico notes, more than there were people in prison for anything 40 years ago.

"This is happening under the purview of Democrats," he said. "Attorney General Eric Schneiderman walked with us against the Rockefeller laws, but he's been captured by the powers that be and has ignored any calls for further reform, not just of the drug laws, but also of odious prison conditions."

Once upon a time, political candidates had to deny ever having smoked marijuana. Then, one famously denied ever having inhaled. Now, they admit to having used, but brush it off as a youthful indiscretion from their wild school days. Not Credico.

"I've admitted being a pot smoker," he said. "Not every day, but it's been good for me. I smoked and I inhaled, and I believe marijuana is better for you than e-cigs. People should have access to it. It's better than drinking or doing blow," he added.

But Credico even argues that he should have the right to do blow, if that's what he wants to do.

"I can eat Ritalin, I can gobble down all those pharmaceuticals, but if somebody shows up with some pure Bolivian, I want to try that. That's against the law? Who is responsible for that, and who is enforcing it? Nobody gives a shit if I smoke a joint or do a line," he declared.

At a forum at the New York Society for Ethical Culture (credico2014.com)
Of course, that could be because Credico is a middle-aged white guy. But New York City, Credico's home, is infamous for its arrests of tens of thousands of young black and brown city residents each year on marijuana charges, and Credico, of course, is aware of that.

"All the kids I see getting arrested are black. It's against the law to smoke pot -- if you're black," he scoffed.

"They arrest 50,000 kids for smoking pot, but I smoked it at the state capitol, and they wouldn't arrest me," he said. "We have 55,000 homeless people in this city, 20,000 homeless kids. Just think what we could do if marijuana was legal and taxed and we used it to rebuild the infrastructure and create low cost housing. Instead, he keep arresting brown and black kids."

Credico's campaign is low-budget, but he's using tactics honed by years of activism to get his message out. He travels to events throughout the city and state and works crowds -- many of whom already know him from his years of activism around prison issues.

"I'm focusing on the projects; that's where I'm getting my support," he said. "People are tired of the marijuana arrests, the abuse by police. We need a state law banning racial profiling. We're supposed to be the guiding light of the nation, and we don't have a racial profiling law."

Credico is using social media to the best advantage he can. He's produced an award-winning documentary, Sixty Spins Around the Sun, to explain how he's gotten to the point where he's spending his 60th year trying to unseat a powerful incumbent governor, and he's got a Facebook campaign page.

Over the weekend, he penned a piece for the Huffington Post, "Is New York Ready for a Governor Who's Ready to Inhale?", but when it comes to mainstream media attention, he feels like the Rodney Dangerfield of New York politics.

"I don't get no respect," he intoned. "I'm running against two people from the ruling class."

But at least he was on his way to do an interview with NY 1, one of the city's 24-hour cable news channels. And the campaign continues.

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

NY
United States

Chronicle AM -- August 6, 2014

DC will vote on legalizing marijuana possession and cultivation, two more Michigan towns vote to decriminalize, Maine's governor unveils a plan to force people with drug felonies to undergo drug tests before getting welfare benefits, an Austrian marijuana legalization initiative gets underway, and more. Let's get to it:

Marijuana Policy

DC Marijuana Initiative Makes November Ballot. The DC Board of Elections today officially certified for the November ballot an initiative that will legalize the cultivation and possession of small amounts of marijuana. DC now joins Alaska and Oregon in voting on marijuana legalization. The campaign needed some 23,000 valid voter signatures to qualify for the ballot. It had turned in more than twice that number of raw signatures.

Advocates Launch Vermont Coalition to Regulate Marijuana. The Marijuana Policy Project has formed the Vermont Coalition to Regulate Marijuana in a bid to influence the legalization debate there. The state legislature has authorized a study of the issue, but the coalition has been formed "to make sure we get the entire state talking about the potential benefits of marijuana regulation." [Editor's Note: The web site in the title link doesn't appear to be live yet, but should be soon.]

Two Detroit Suburbs Vote to Decriminalize Pot Possession. Residents of the Detroit suburbs of Hazel Park and Oak Park voted Tuesday to approve municipal charter amendments decriminalizing the possession of up to an ounce of marijuana. Nine other Michigan cities, including Detroit, have done the same since 2010. Another dozen or so will likely vote on similar initiatives this fall.

Medical Marijuana

New Mexico Veteran Sues Employer for Wrongful Firing. A veteran and licensed physician's assistant who is enrolled in the state's medical marijuana program is suing Presbyterian Health Care Services after being fired for testing positive for marijuana. When she provided them with her state-issued medical marijuana card, they informed her that they did not recognize it and that her termination would stand. The lawsuit has just been filed in state court for violation of the New Mexico Human Rights Act (NM Statute § 28-1-7).

Drug Testing

Maine Governor Announces Plan to Drug Test Convicted Drug Felons Who Apply for Welfare. Gov. Paul LePage (R) announced today that the state will start forcing people with drug felonies to undergo and pass drug tests before they can apply for or receive welfare benefits. The move is authorized under a 2011 law that had never been implemented. LePage and legislative allies had tried to pass a bill mandating drug testing for all welfare recipients, but failed. LePage is making welfare his signature issue as he runs for re-election. Both of LePage's opponents in the governor's race, Democrat Mike Michaud and independent Eliot Cutler, also said they support testing for drug felons.

International

Austrian Marijuana Legalization Initiative Campaign Gets Underway. The group Legalize! Austria today filed a parliamentary citizen's initiative to remove marijuana from the scope of the Austrian Narcotics Act, which would effectively legalize it. The measure calls for marijuana to be sold, taxed, and regulated through licensed distributors, with an exception for personal cultivation.

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Chronicle AM -- August 5, 2014

It's the slow season in Congress and at state houses, but it's the beginning of eradication season in the fields. Plus, the Oregon legalization initiative has raised a million bucks, the drug war racks up two more domestic deaths, and more. Let's get to it:

Marijuana Policy

Oregon Legalization Campaign Has Raised A Million Dollars. The New Approach Oregon marijuana legalization initiative campaign has raised a million dollars so far, according to campaign finance documents. The initiative has qualified for the ballot, and will appear as Measure 91. The largest individual donations are $150,000 from Washington, DC, libertarian activist Philip Harvey and $100,000 from New York fragrance heir Henry van Ameringen. The initiative has also received substantial donations from the Drug Policy Alliance's campaign arm and from the estate of Progressive Insurance founder Peter Lewis.

NORML Founder Says Legalization Should Include Home Cultivation. In an essay-length blog post, NORML founder Keith Stroup made a strong case for allowing people to grow their own under legalization. "At NORML," he writes, "we have always supported the right of individuals to grow their own marijuana, as a logical option compared to purchasing it from licensed dispensaries. On one hand, growing your own just makes common sense. We can brew up to 100 gallons of home-brew beer in our basements under current law, even if very few Americans actually make their own beer. The same should be true for cultivating our own marijuana." Stroup stopped short of criticizing initiative organizers who don't include home growing, however, saying, "If it appears we can win these initiatives with a clause permitting personal cultivation, we should obviously include the provision; but if it appears the initiative might well fail if personal cultivation is included, we should pass the initiative now, and be prepared to come back and add personal cultivation when we have the political support to accomplish that."

California GOP Attorney General Candidate Says Legalize It. A leading candidate for the Republican gubernatorial nomination has called for marijuana legalization. "My position is it needs to be legalized," candidate Ron Gold told KCRA 3 in a one-on-one interview Monday. Incumbent attorney general, Democrat Kamala Harris didn't take the bait, but instead responded that it should be up to the people. "She believes that this is an evolving issue that requires that we monitor what is happening in Colorado and other states, and that ultimately, this should be up to a vote of the people," a Harris spokesman said.

Albuquerque City Council to Consider Decriminalization. The city council heard debate on a decriminalization measure Monday night and will vote on it on August 18. The measure would make possession of small amounts punishable by no more than a $25 fine. A decriminalization initiative is now in the signature-counting process, as well.

Medical Marijuana

Minnesota Issues Draft Rules for Medical Marijuana. The state Health Department has issued draft rules for applications and oversight for medical marijuana manufacturers. Public comment can be made by going here. The department will also host a public meeting for people interested in the manufacturing process.

Law Enforcement

The Year's 28th and 29th Drug War Deaths. A North Carolina man fleeing a DEA-instigated traffic stop in a drug investigation struck another vehicle head-on on a rain-slick highway last Friday night, killing both drivers. Fleeing driver Angel Santana, 52, and innocent motorist Tamar White, 55, become the 28th and 29th persons to die in US domestic drug law operations so far this year.

International

Colombian Army Eradicates Coca Plants. Colombian soldiers destroyed some 14,000 coca plants in Choco department over the weekend. They have also eradicated 45 acres of coca and confiscated 350 pounds of coca seeds and 225 pounds of coca leaves. Colombia says the drug trade in the region benefits leftist guerrillas of the FARC and the National Liberation Army.

Turkey Marijuana Eradication Operation Gets Underway. Turkish police have seized more than 200,000 marijuana plants and more than a thousand pounds of processed hash in operations in Diyarbakir province in southeastern Turkey. Turkey accuses the Kurdish rebel group PKK of dominating the drug trade in the region. Last year, the Turks destroyed more than 49 million plants in the region and confiscated 76 tons of hash.

Kashmir Marijuana Eradication Operation Gets Underway. Kashmir authorities have launched a marijuana eradication operation in Anantag district in South Kashmir. Authorities estimate that over 125 acres of marijuana is being cultivated in the valley and claim to have destroyed about 10% of it so far.

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

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